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Judge rules that Exxon Mobil may sue the California Attorney General for defamation regarding recycling

The federal judge rejected the California Attorney General Rob Bonta’s request to dismiss Exxon Mobil’s lawsuit accusing Bonta of defamation for criticizing Exxon Mobil’s?advanced? plastics recycling initiatives.

Bonta claimed that he had immunity from suit because he criticised Exxon while in his official capacity of Attorney General and within the "heartland' of his employment duties.

The Beaumont, Texas judge said that whether Bonta criticised Exxon with good faith is a factual question to be decided later.

Truncale said he had no jurisdiction to hear the claims made against the Sierra Club, Baykeeper Heal the Bay, and Surfrider Foundation.

Bonta's Office did not respond immediately to requests for comment.

This campaign of lies aimed at derailing our advanced recycling business has to stop. "We refuse to allow others to attack our reputation and technologies?for financial and political gains," said an Exxon spokesperson in a press release.

Exxon is increasingly willing to defend itself against critics who claim that its operations are harmful to the climate or increase greenhouse gas emissions. In January 2025 the company based in the Houston suburb of Spring, Texas sued Bonta, almost four months after California filed a lawsuit accusing Exxon for decades of lying about the limitations on recycling.

Exxon manufactures polymers that are used to create single-use plastics.

Bonta, a Democrat from California, objected Exxon’s promotion of their advanced recycling technology. This process converts hard-to recycle plastic into fuel.

REVIEW SOME CHALLENGING STATEMENTS

Exxon alleged that Bonta had made 14 statements in interviews, on-line posts, and other public appearances.

Three statements claimed that Exxon’s recycling plan "was not based on truth", that plastic waste "piled up" in Houston, despite recycling efforts and that only 5% of U.S.?plastic?waste was recycled, while the remainder polluted the environment, waters, oceans and wildlife.

Two of these statements were taken from an interview.

In a 46 page decision, Truncale stated that it "wouldn't be unfair" for the statements to be reviewed as possible defamation, because they clearly involved Exxon or were based on Texas-based sources.

The judge stated that Bonta's immunity as an official "depends on whether his statements are objectively false."

He added that Bonta made a statement in an email with a link to a fundraising campaign, and that "campaigning was not Bonta’s job."

Truncale's appointment to the bench was made in 2019 by Republican president Donald Trump. Jonathan Stempel, New York; David Gregorio, Matthew Lewis and Matthew Lewis.

(source: Reuters)